Eviction

If you have received an eviction notice from your landlord, you will not have to leave the property immediately. No matter how much rent is owed, a landlord cannot use their own methods to evict you, such as turning off the electricity and water or changing the lock. A landlord that does may be liable for damages, in some states this may amount to a few months rent.

The process of eviction is very quick compared to other types of legal actions; however, to achieve this, the landlord must carry out every stage to the letter, following the relevant state and local laws. For example, if they make a mistake in giving eviction notices, the eviction case will be thrown out of court and the landlord will have to start again.

To start the process, the landlord must give the tenant an eviction notice to end the tenancy. If you have not paid the rent, then the landlord may serve a Nonpayment of Rent Notice when the rent is due, giving you a certain time (usually 3-5 days) in which to pay it or move out. If you pay the full amount of rent (plus any late fees set out in the rental agreement) in the time stated, there can be no eviction on that notice.

If you have seriously violated your rental agreement by being repeatedly late with the rent, then in some states, the landlord may serve you with an Unconditional Notice, which gives you no possibility of correcting the situation. The time given to move depends on state law.

At the end of the notice period, if you haven't paid the rent or moved out, then the landlord can file an eviction action in the local court. The action has to be served on the tenant by someone other than the landlord in a way defined by the law. Check the law to make sure papers are served properly. If the papers aren't served properly, then the court won't allow an eviction.

After receiving eviction papers, you will have a chance to answer. This must be in the form required by the local court rules and state law; it's often a good idea to ask for help with drafting an answer. Now is the time for you to raise any defenses you might have; if you don't file an answer with the court and the landlord can prove that the court papers were served properly, then the court will enter a default judgment for eviction. However, a default judgment may be set aside if you can later prove that there was a good reason why you weren't able to answer on time.

If you are able to raise a valid defense, then the case will be set for a hearing or trial on the facts. If the court rules that the landlord can evict you, the landlord must then take the court order to the sheriff. At this point, the sheriff will come and post a notice, usually on your door door, informing you that if you do not move out by the date and time given, they will remove you and your belongings from the property.

If you have no defense and the landlord carries out the process correctly, the entire eviction procedure can take as little as 20 days. It may take up to several months if you are able to raise a valid defense that has to go to trial.